ORDINANCE No. 3 OF 1861.
Chancery Procedure.
Court in its Common Law side; and every party to any such proceeding shall be entitled to the same rights as to challenge and otherwise as if he were a party to any such cause; and generally for all purposes of or auxiliary to the assessment of damages or the trial of questions of fact by a jury before the Court itself, and in respect of new trials, the said Court in its Equity Jurisdiction shall have the same jurisdiction, powers, and authority in all respects as belong to the said Court in its Common Law Jurisdiction.
3. Any question of fact, and any question as to the amount of damages which shall be so ordered to be tried by a jury before the Court itself in its Equity Jurisdiction shall be reduced into writing in such form as the Court shall direct, and at the trial the jury shall be sworn to try the said question, and a true verdict to give thereon according to the evidence; and upon, and for the purposes of, every such trial the Court in its Equity Jurisdiction shall have the same powers, jurisdiction, and authority as belong to the said Supreme Court in its Common Law Jurisdiction.
491
Questions ordered to be tried by jury to be reduced into writing.
Damages may be assessed, or questions of fact tried by Court itself without a jury.
4. It shall also be lawful for the said Court in its Equity Jurisdiction, if it shall think fit, to cause the amount of such damages in any case to be assessed, or any question of fact arising in any suit or proceeding before the Court itself without a jury, and to cause the evidence on the trial of that question to be taken by the oral examination of witnesses and other proofs in open Court, and by such other evidence as is now admissible in proceedings before the said Supreme Court in its Equity Jurisdiction; and any question of fact, and any question as to the amount of damages, which shall be so ordered to be tried before the Court itself, shall be reduced into writing in such form as the Court shall direct; and the decision of the Judge shall be of the same effect as the verdict of a jury under this Ordinance; and the proceedings upon and after such trial, as to the power of the Court, the evidence, and otherwise, shall be the same as in the case of trial by jury under this Ordinance.
Where parties are competent
5. In any case in which all parties to a suit are competent to make admissions, any party may call on any other party by notice to admit any document, saving all just exceptions; and in case of refusal or neglect to admit, the cost of proving the document shall be paid by the party so neglecting or refusing, whatever the result of the cause may be.
admissions, any party may call on any other party to admit documents.
ORDINANCE No. 3 OF 1861.
Chancery Procedure.
Court in its Common Law side; and every party to any such proceeding shall be entitled to the same rights as to challenge and otherwise as if he were a party to any such cause; and generally for all purposes of or auxiliary to the assessment of damages or the trial of questions of fact by a jury before the Court itself, and in respect of new trials, the said Court in its Equity Jurisdiction shall have the same jurisdiction, powers, and authority in all respects as belong to the said Court in its Common Law Jurisdiction.
3. Any question of fact, and any question as to the amount of dam- ages which shall be so ordered to be tried by a jury before the Court itself in its Equity Jurisdiction shall be reduced into writing in such form as the Court shall direct, and at the trial the jury shall be sworn to try the said question, and a true verdict to give thereon according to the evidence; and upon, and for the purposes of, every such trial the Court in its Equity Jurisdiction shall have the same powers, jurisdiction, and authority as belong to the said Supreme Court in its Common Law Jurisdiction.
491
Questions or- dered to be tried by jury to be reduced into writing.
Damages may be assessed,
or questions of fact tried
Court itself without a jury.
4. It shall also be lawful for the said Court in its Equity Jurisdic- tion, if it shall think fit, to cause the amount of such damages in any case to be assessed, or any question of fact arising in any suit or proceed before the ing to be tried before the Court itself without a jury, and to cause the evidence on the trial of that question to be taken by the oral examina- tion of witnesses and other proofs in open Court, and by such other evidence as is now admissible in proceedings before the said Supreme Court in its Equity Jurisdiction; and any question of fact, and any question as to the amount of damages, which shall be so ordered to be tried before the Court itself, shall be reduced into writing in such form as the Court shall direct; and the decision of the Judge shall be of the same effect as the verdict of a jury under this Ordinance; and the pro- ceedings upon and after such trial, as to the power of the Court, the evidence, and otherwise, shall be the same as in the case of trial by jury under this Ordinance.
Where parties are competent
5. In any case in which all parties to a suit are competent to make admissions, any party may call on any other party by notice to admit to make ad- any document, saving all just exceptions; and in case of refusal or neglect to admit, the cost of proving the document shall be paid by the party so neglecting or refusing, whatever the result of the cause may be,
missions, any party may call on any
other party cnments.
to admit do-
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